OREANDA-NEWS. On April 23, 2009 the Arkhangelsk Office of the Federal Antimonopoly Service (OFAS Russia) found that "GT-TETs ENERGO" OJSC violated Part 1 Article 10 of the Federal Law "On Protection of Competition" (abusing dominant position), reported the press-centre of FAS Russia.

In March 2009, the Arkhangelsk OFAS Russia received a petition of "Arkhenergosbyt" OJSC regarding "GT-TETs ENERGO" OJSC that refused to apply the rates differentiated according to the time of day in energy payments in 2009 with "Arkhenergosbyt" OJSC.

"GT-TETs ENERGO" OJSC supplies electricity to a local sales company ("Arkhenergosbyt" OJSC). The buying-and-selling contract between the parties is deemed annually extended if a month before the end of contract none of the parties announces termination or contract or amendment of contract.

To pay for electricity, consumers who buy certain amount of electricity (in this case "Arkhenergosbyt" OJSC) independently select one of the possible rates (single rate, split-rate, or differentiated rate according to the time (hours) of day) and inform the supplier about their decision.

"Arkhenergosbyt" OJSC informed the supplier on choosing the rate differentiated according to the time of day, and sent the notice of its decision by registered mail with acknowledgment of receipt, which was confirmed by the posting stamp of the Arkhangelsk Post Office, dated 28th November 2008.

Nevertheless, "GT-TETs ENERGO" OJSC refused to apply the rate selected by the consumer on the grounds of late notification, and presented the accounts due to "Arkhenergosbyt" OJSC at the single rate.

Investigating the case, the Arkhangelsk OFAS Russia recognized the fact of violating Part 1 Article 10 of the Federal Law "On Protection of Competition" by "GT-TETs ENERGO" OJSC that applied the single rate in payments for energy supplies with "Arkhenergosbyt" OJSC. The Arkhangelsk OFAS Russia issued a determination to "GT-TETs ENERGO" OJSC requesting the company to eliminate antimonopoly violations by 29th May 2009.